Website Terms and Conditions of Use
1. About theWebsite
- Welcome to freighttransport.com.au (the 'Website '). The Website Transport, Machinery Sales and Machine Hire (the 'Services').
- TheWebsite is operated by Freight Transport PTY LTD (ACN 640451592) .Access to and use of the Website, or any of its associated Products or Services, is provided by Freight Transport. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Freight Transport reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Freight Transport updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for yourrecords.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Freight Transport in the user interface.
3. Subscription to use the Services
- In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription ') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your
- Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details),including:
- Youwarrant that any information you give to Freight Transport in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
- Youmay not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Freight Transport;or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the
4. Your obligations as a Member
- As a Member, you agree to comply with thefollowing:
- youwill use the Services only for purposes that are permitted by:
- the Terms;and
- any applicable law, regulation or generally accepted practices or guidelines in the relevantjurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email Use of your password by any other personmay result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Freight Transport of any unauthorised use of your password or email address or any breach of security of which you have becomeaware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Freight Transport providing theServices;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of FreightTransport;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to theWebsite;
- you agree that commercial advertisements, affiliate links, and other forms ofsolicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Freight Transport for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is Unregistered users of our platform may not utilise all resources our platform
- youwill use the Services only for purposes that are permitted by:
- If you choose to sell your equipment, machinery or vehicle through our website, you acknowledge and agree that you will provide accurate information regarding the item you are If your item is not operational, you must state thecondition
- Freight Transport has no obligation in any form to you or any person / entity placing an offer or registering an interest in any offer on our website. Freight Transport is an information platform for both registered and unregisteredusers
- Freight Transport will not be liable or give any warranties for items transported by carriers, purchased or sold through ourwebsite
- You acknowledge that Freight Transport does not hold any insurance policies and that it is upon members of the website to take out all relevant insurances(s) in relation to the line of work.
- Freight Transport will not be liable to you or any third party for any loss or damage of anykind
- If you are the purchaser, you are responsible for assessing the accuracy of all material presented on our website and rely on such material at your own risk. Freight Transport is not responsible for any inaccurate information from the seller on thewebsite
- If you are accessing our hiring page, a third-partyadvertiser page or charity companies page through our website, you must adhere to their own Terms and Conditions / Use. These are third party companies and are only advertising through our website, they are not part of Freight
- You understand that there will be no fees involved when selecting your preferred charity and that it is up to the user to make a donation if the use wishes to do so.
- Freight Transport is not involved with any donation transactions made to charities.
- Freight Transport will not interfere and has no responsibility with any transactions of hiring ordonations
- Freight Transport will not be responsible in dealing with any payments between carriers and shippers and payment must be organised between themselves.
- If any user requests financing and completes the finance enquiry form, the user agrees for their information to be passed on to a third party and agrees to being contacted by the nominated thirdparties
- Freight Transport is not responsible for any finance lending, applications, approval process or clientrepayments
- Where the option is given to you, you may make payment of the Subscription Fee by wayof:
- Credit Card Payment ('Credit Card')
- PayPal ('PayPal')
- To become a member of Freight Transport website, you will need to go to freighttransport.com.au/pages/pricing for subscribtion fees. All carriers, sell machinery, hire machinery and advertise with us will need to select the package which suits them.
- All payments made in the course of your use of the Services are made using Pay Pal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Pay Pal terms and conditions which are available on their
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs,including banking fees and charges, associated with the Subscription fee.
- You agree and acknowledge that Freight Transport can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription
6. Refund Policy
Freight Transport will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Freight Transport makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund ').
7. Uploading of image and other media content
- By uploading an image to freighttransport.com.au, you permit Freight Transport Pty Ltd and its licensees and assignees, the unrestricted, continual, worldwide, non-transferable, royalty-free right and license to display, exhibit, transmit, reproduce, record, digitise, modify, alter, adapt, create derivative works, exploit and otherwise use of the image. You also permit others to use the image(s) uploaded on freighttransport.com.au, in all languages and all media, whether now known or to be devised in the future, including but not limited to the Internet, on mobile platforms and/or devices, in printed materials, and in any other media for the purposes of advertising, publicity and promotion.
- Any photos that you upload on freighttransport.com.au grants the right to Freight Transport Pty Ltd, its affiliates, subsidiaries, agencies (including advertising agencies) and parents to use any of the submitted photograph(s), video(s), comment(s) and other accompanying materials for the purposes of branding, promotion, marketing, advertising, and other commercial purposes in accordance with these terms and conditions.
- You must be of at least 18 years of age to upload an image
- Only upload photographs or images that are relevant and appropriate to the product and that meet intellectual property, privacy, and other applicable laws.
- You must hold the copyright of the images that you are uploading. Images that are considered to infringe the copyright or trademarks of other individuals, organisations or companies will not be permitted and will be removed. You must acknowledge that you have sufficient written permission (if necessary) of any recognisable locations or people appearing in the photograph to be able to grant us permission to use it on our website. If you think that your copyright to an image on our website has been infringed, please contact us via this page.
- You must not upload photographs that contain objectionable content, including but not limited to nudity, violence, and other offensive, illegal or inappropriate images. Also, images cannot contain advertisement or links.
- By uploading an image to our website, you are agreeing to indemnify us from any liability resulting from breaches of copyright of the image existing online on our website in digital form.
- You also understand and agree that nothing in this agreement obligates Freight Transport Pty Ltd to display or use your photograph(s). Picture must be relevant and appropriate.
- Freight Transport Pty Ltd reserves the right in its sole and absolute discretion to alter these terms at any time for any reason without prior notice, or to terminate the Photo Upload Service for any reason at any time without prior notice, whether removed from the entire website or removed from individual member accounts.
- Freight Transport Pty Ltd also reserves the right to reject and remove any uploaded photo from display on its website, for any reason, at any time, without prior notice.
- You hereby waive, release and forever discharge Freight Transport Pty Ltd and each Authorised Person and each of their subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity.
8. Third party links
Freighttransport.com.au may contain links to other websites owned and operated by third parties who are not related to Freight Transport Pty Ltd and any of its principals or subsidiaries.
- Third-party links on this site may direct you to third-party websites that are not affiliated with Freight Transport Pty Ltd. Freight Transport Pty Ltd is not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- Freight Transport Pty Ltd provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the third party website by Freight Transport Pty Ltd. Your link to any such third party website is entirely at your own risk. Freight Transport Pty Ltd is not a party to any transaction between you and a third party website.
- Freight Transport Pty Ltd is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites including but not limited to failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records. Your use of a third party website is subject to the terms and conditions of that site in addition to these terms and conditions. If there is any inconsistency, these terms and conditions prevail.
- Please review carefully the third-party’s policies, practices and terms and conditions, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. System Maintenance and Failure
- Freight Transport Pty Ltd shall use reasonable commercial endeavours to provide continuing availability of this website, all applicable online management systems and its services. Freight Transport Pty Ltd will minimise any downtime or interruptions to the availability this website, all applicable online management systems and its services.
- From time to time, freighttransport.com.au may be subject to system maintenance or may experience system failure including but not limited to website crashes, reduction in processing speeds, and certain website operations ceasing to function, which are out of Freight Transport Pty Ltd.’s control.
- System maintenances will usually be undertaken at off-peak times such as on the weekends. System maintenance is a requirement for any website for its continuity and users should expect that they will not be able to use the website during the scheduled times of system maintenance. Hence, you hereby waive, release and forever discharge Freight Transport Pty Ltd and each Authorised Person and each of their subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to non-use of the website during the times of system maintenance.
- If you are not able to use the website due to a system failure, Freight Transport Pty Ltd may offer credit towards your membership account depending on how long the system failure occurred and how long you were not able to use the website. If it is established that the system failure affected all users, you will not be required to contact freighttransport.com.au for any credit(s) towards your membership. The credits will automatically be provided. If is established that the system failure was specific to you, you will need to contact freighttransport.com.au to establish the system failure for any credit(s) towards your membership.
10. Copyright and Intellectual Property
- The Website, the Services and all of the related products of Freight Transport are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Freight Transport or its
- All trademarks, service marks and trade names are owned, registered and/or licensed by Freight Transport, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Memberto:
- use the Website pursuant to theTerms;
- copy and store the Website and the material contained in the Website in your device's cache memory;and
- print pages from the Website for your own personal and non-commercial
Freight Transport does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Freight Transport.
- Freight Transport retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright,or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design,or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
- You may not, without the prior written permission of Freight Transport and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these This prohibition doesnot extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or
- Subject to this clause, and to the extent permittedby law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded;and
- Freight Transport will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Freight Transport make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Freight Transport) referred to on the Website. includes (but is not restricted to) loss or damage youmight suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access torecords;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Freight Transport;and
- the Services or operation in respect to links which are provided for your convenience.
13. Limitation of liability
- Youunderstand that Freight Transport only provides service not
Freight Transport's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Freight Transport, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Freight Transport as set out
- If you want to terminate the Terms, you may do soby:
- notrenewing the Subscription prior to the end of the Subscription Period;
- providing Freight Transport with 7 days' notice of your intention to terminate;and
- closing your accounts for all of the services which you use, where Freight Transport has made this option available to
Your notice should be sent, in writing, to Freight Transport via the 'Contact Us' link on our homepage.
- Freight Transport may at any time, terminate the Terms with youif:
- youdo not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Freight Transport is required to do so bylaw;
- the provision of the Services to you by Freight Transport is, in the opinion of Freight Transport, no longer commercially
- Subject to local applicable laws, Freight Transport reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Freight Transport's name or reputation or violates the rights of those of another party.
- You agree to indemnify Freight Transport, its affiliates, employees, agents, contributors, third party content providers and licensors from andagainst:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered orarising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;and/or
- any breach of the 13. DisputeResolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice ') by that other party, the parties to the Terms ('Parties ') must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 20 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or hernominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation The Parties must each pay their own costs associated with themediation;
- The mediation will be held in Sydney,
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Freight Transport is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.